Barteau, S.J.
….
On February 27, 1976, the State charged Borel with “First Degree Burglary” under Cause Number 76-25, alleging that he had broken and entered the dwelling of Jerome Cutwright with the intent to commit theft. [Record citations omitted throughout.]
On March 16, 1976, Borel … pled guilty to [an amended charge of “Entering to Commit a Felony”]. The State recommended to the trial court a sentence of one to five years executed, with “fine waived.” The court imposed a sentence of one to five years, “Fine is waived.”
….
Borel served his sentence, was released on parole, and successfully completed his term of parole.
The current case began on June 24, 2014, when Borel filed a Verified Petition to Expunge Conviction Records, asking the trial court to expunge records related to his conviction for entering to commit a felony. The State filed a response objecting to Borel’s petition. The State claimed that Borel had failed to demonstrate that he “paid all fines, fees, and court costs imposed as part of the sentence” and asked the court to summarily deny the petition. The trial court ordered Borel to provide proof that he had paid all fines, fees, and court costs imposed as part of the sentence, or his petition would be dismissed without prejudice.
….
Borel subsequently filed a motion for summary judgment and a request to waive fines, fees, and costs imposed by the original sentencing court. He also provided an affidavit. Borel asserted in the affidavit that he had visited the trial court clerk’s office and they could not find any records showing that he owed court costs or fines in Cause Number 76-25.
….
The trial court denied Borel’s petition for expungement and motion to correct error pursuant to Indiana Code section 35-38-9-8(b)(11) (2014). At the time Borel filed his petition, that statute stated: “The petitioner shall provide evidence that the petitioner has paid all fines, fees, and court costs, and satisfied any restitution obligation imposed on the person as part of the sentence.”3 Id.
[Footnote 3:] A later amendment to the statute eliminated the provision requiring proof of payment of fines, fees, and court costs. See 2015 Ind. Acts 1275-76. Pursuant to other statutes governing petitions for expungement, the trial court is still required to determine whether all fines, fees, and court costs have been paid. See id. at 1267-70.
In denying Borel’s motion to correct error, the trial court determined the “Docket Sheet submitted by the petitioner shows that judgment was entered for costs and that the court costs of $37.00 was entered in” the judgment docket. The typed entries in the docket sheet do not indicate that any court costs were imposed. There is a handwritten note next to one of the entries that consists of the following: “[illegible word, perhaps ‘costs’] 37.00 J.D. 29 pg 123.” The note is not signed or initialed. There is no indication as to who wrote the note or when it was added to the docket over the last thirty years.
We are mindful of our obligation to consider facts in the light most favorable to the trial court’s ruling and to refrain from reweighing evidence, but this handwritten scrawl of indeterminate origin provides little evidence that costs were imposed or remain due, especially where the formal, typed entries are silent on the matter. Furthermore, Borel provided evidence that he had asked the trial court clerk for documents indicating whether he still owed court costs. The clerk stated that it was unable to find any such documents. Presumably, the clerk knows his or her own records.
There is insufficient evidence that the trial court imposed court costs or that such court costs remain unpaid, and the trial court’s denial of Borel’s motion to correct error is clearly against the logic, facts, and circumstances presented. …
Reversed and remanded.
Riley, J., and Brown, J., concur.